61-11-204. Department's duties. (1) If the records maintained by the department show that a person's driving record brings the person within the definition of a habitual traffic offender, the department shall:
     (a) declare the person a habitual traffic offender;
     (b) revoke the person's driver's license or driving privileges as provided in 61-11-211; and
     (c) notify the person in writing of the declaration and revocation.
     (2) The notice must be sent by first-class mail to the most current address on record with the department. The notice must include a certified reproduction of the person's driving record as contained in the computer storage device used by the department for recordkeeping. The notice must inform the person of the right under 61-11-210 to appeal the declaration and revocation. Service of the notice is complete upon mailing.
     (3) If the records maintained by the department show that a person's driving record brings the person within the definition of a driver in need of rehabilitation and improvement, the department shall:
     (a) declare the person a driver in need of rehabilitation and improvement;
     (b) notify the person that unless the person enrolls in and successfully completes, within 90 days of notification, a certified driver rehabilitation and improvement course, as provided in 61-2-302, the person's driver's license will be suspended for a period not to exceed 6 months or until the person has successfully completed the course, whichever occurs first;
     (c) provide the person with a list of certified driver rehabilitation and improvement courses and information about how the person may comply with the provisions of this subsection (3) if a driver rehabilitation and improvement program does not exist near the person's residence; and
     (d) send the notice as provided in subsection (2).
     (4) If the person fails to enroll in a certified driver rehabilitation and improvement program or fails to successfully complete the program or an appropriate substitute within 90 days, the department may suspend the person's driver's license as provided in 61-5-206 for a period not to exceed 6 months or until the person has successfully completed the course, whichever occurs first.

     History: En. 31-178 by Sec. 4, Ch. 362, L. 1974; R.C.M. 1947, 31-178; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 1, Ch. 338, L. 1995; amd. Sec. 21, Ch. 309, L. 1999; amd. Sec. 4, Ch. 218, L. 2001.